Judge Juan Merchan has denied Donald Trump’s request to postpone his Friday sentencing for his hush money conviction, the judge said in a filing Monday.
Trump’s lawyers are likely to appeal Merchan’s decision to a New York appeals court.
Earlier Monday, Trump’s lawyers filed an appeal urging a New York appellate court to overturn Merchan’s two recent rulings that upheld his conviction in the hush money case, while separately urging the judge to postpone Trump’s sentencing while he appeals.
Trump’s legal maneuvers come on the same day that he was certified as the winner of the 2024 presidential election – and four years since he tried to overturn his election loss and his supporters rioted at the US Capitol.
Last week, Merchan rejected Trump’s attempt to throw out his conviction because he’s been elected president, scheduling Trump’s sentencing in the hush money case for Friday – though Merchan made clear he would not sentence him to any jail time.
Trump’s lawyers argued that the sentencing must be put on hold while his appeals play out.
“The Court should vacate the sentencing hearing scheduled for January 10, 2025, and suspend all further deadlines in the case until President Trump’s immunity appeals are fully and finally resolved, which should result in a dismissal of this case, which should have never been brought in the first place,” Trump’s filing states.
The Manhattan district attorney’s office urged Merchan to deny Trump’s request to postpone his sentencing, according to a filing sent to the judge.
“Defendant will suffer no prejudice from the conclusion of criminal proceedings in the trial court given the Court’s intended sentence of an unconditional discharge and defendant’s decision to appear for sentencing virtually instead of in person—indeed, entry of judgment is necessary to allow the appeal defendant has repeatedly stated he will pursue,” prosecutors wrote in the filing.
“And the current schedule is entirely a function of defendant’s repeated requests to adjourn a sentencing date that was originally set for July 11, 2024; he should not now be heard to complain of harm from delays he caused,” prosecutors added.
On Monday afternoon, Trump’s attorneys filed an appeal with a New York appellate court seeking to overturn Merchan’s rulings that upheld Trump’s conviction. Trump’s lawyers did not ask the appeals court to intervene in the sentencing – though they could take that step if Merchan moves forward with his plans to sentence Trump Friday.
